Present: --------------- Councilwoman Hayden; Councilmen Atkinson, Dreisbach, Kovacs, Paulus;
------------------------------- J. Jackson Eaton, III, Esquire; Kevin Horvath; Sandra A. Pudliner; Vicky Roth

Absent: ------------------ Frederick W. Hay, P.E.

Attendance: ---------- 6

Courtesy of the Floor:

Mr. Merritt Kistler of 1805 Sherwood Street in Hanover Township appeared before the Board. He advised Council he lives approximately 30 feet from the U.S. Foodservice property line. He noted that he attended the meetings when U.S. Foodservice came before the Board for their land development approval and he recollected that the President of the division told the Township that they would be acquiring Whisper King Equipment, which is less noisy than the refrigeration equipment currently in use. U.S. Foodservice also represented that when the expansion was done a lot of the trailers would be placed inside. However, Mr. Kistler advised the Board that has not occurred and that the units are outside on the side of the property facing the residential area in the Township. Mr. Kistler noted that the noise that they are experiencing is from the refrigerated units going through the precooling and not from loading of product onto the units. He advised the Board that the activities producing the noise start shortly after 5:00 P.M. every day except Friday and Saturday nights. Councilman Kovacs noted that he agrees that the noise is caused by the precooling operation. Chairman Paulus questioned Mr. Kistler as to the location of the units. Mr. Kistler advised that they are parking the units on the residential side and that there are approximately 80 trucks parked in that area. Mr. Kistler indicated that the employees are parking on the other side, which is the side near the movie theater. Chairman Paulus commented that the Township had done an additional noise study in May and found that they were under the decibel level, which would make them in violation of the noise ordinance. Additionally, we have been in contact with them this week and one of the assistants of the President of the division called us back. We informed them that it was our understanding that we had a verbal agreement with respect to the parking and that they should not be parking right along your fence. Chairman Paulus recollected that when the vehicles were parked along the fence line there was more noise. Chairman Paulus also indicated to Mr. Kistler that if the noise keeps up the Township would have the Township Engineer come to Mr. Kistler’s house to take additional noise readings. Chairman Paulus noted that the last noise readings were taken at 3:00 A.M. Mr. Kistler did not feel that 3:00 in the morning was a good time to take the readings. Councilman Kovacs noted that U.S. Foodservice had indicated to the Township that they load between 2:00 and 6:00 in the morning. Councilman Atkinson felt that the problem is two-fold; one, the majority of the property is in the City of Allentown and two, the Township cannot get a noise study that says that they are in violation. Councilman Atkinson did note that the Township had thought the noise was worse between their property and the big back wall of the movie theater. He noted that the Township thought that in that area the noise would bounce.

Mrs. Linda Pursell of 2788 Mary Anne Way appeared before the Board at this time. Mrs. Pursell advised the Board that last evening the Chestnut Grove Towne Garden Development had held their second Crime Watch meeting. She noted that in attendance were some residents from Allendale who are helping them get their Crime Watch started. She noted that they had a good turnout and that two state troopers were present at the meeting. They established some block captains. She advised the Board that there is concern about gang affiliation within their community. In walking through the development, it was noted that there was some graffiti (red spray paint), which the State Police advised was a symbol of a particular gang. They noticed one such marking on personal property, some in the playground and on a little table for children. State Police indicated this is a means of marking territory. Mrs. Pursell also brought to the Board’s attention the concern of the residents with respect to speeding on Grove Road and in the parking lots. She questioned whether speed bumps would be appropriate or the speed reminders that monitor and show speed as one travels by. Mrs. Pursell said she has seen motorcycles and cars whipping through the area. Mrs. Pursell also indicated that there were discussions with respect to reinstating the Recreation Program in the Township and indicated that there are numerous young children in the townhouse development. She also questioned whether the volleyball net could be put in place. Chairman Paulus advised Mrs. Pursell that the Township Manager, Councilwoman Hayden and he met with the State Police. The State Police were advised of all the problems brought to the Township’s attention. They were aware of some of them and not unaware of others. Chairman Paulus indicated that people should be seeing more patrols already in the area. Attorney Eaton commented that with respect to general concerns, a Council meeting is the forum in which to express same. However, the Township Attorney felt that issues involving specific properties should be given by way of a complaint to the Township Manager. Chairman Paulus commented that when individuals are speaking to the Board at a Council meeting, they are speaking to the press in attendance and that the meeting is also recorded. Councilwoman Hayden noted that concerns regarding the Homeowner’s Association could be addressed directly to her. With respect to the reinstatement of the Township’s Recreation Program, Councilman Atkinson noted that the activities for the children ceased because of lack of interest. There were also issues involving individuals trying to use the program as a babysitting service, which create legal and liability issues. He noted that he felt that the Township would be willing to try again, but the same result would occur if there were, no interest. The Township Clerk commented that if a petition were submitted to the Township signed by the residents that would be helpful. The Township Clerk noted that she had been personally approached by individuals from the Troxell Street area with the same request and that they are getting a petition together with the names and number of the children involved.

Approval of Minutes: ---------- June 1, 2005, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the May 18, 2005, Regular Council Meeting and accept same as presented.

Paulus, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Kovacs, Paulus: ------- Aye ------- Unan
Hayden: --------------------------------------------------------- Abstained

Reports:

1. Sandra A. Pudliner
Township Manager

1. Pursuant to Council’s direction, letters have been sent to Governor Rendell and the Township’s State Senator and State Representative supporting the Leaser Lake Repair Project as part of the Growing Greener II Bond Initiative.

2. As previously discussed at the meeting, correspondence was sent to U.S. Foodservice confirming a telephone conversation regarding the noise disturbance complaints that the Township has received from Township residents.

3. Council has a draft notice with respect to the upcoming meeting with the State Police and residents of the Chestnut Grove Towne Garden Development scheduled for Monday, June 27, 2005, at 7:00 P.M. at the Township Municipal Building. Copies of the notice will be distributed to all parties involved.

Councilman Kovacs brought to the Township Manager’s attention a problem, which exists on Clarence Street. When the grass is cut by the shopping center maintenance personnel, they simply chop up all the debris. Additionally, there is poison in that area and it should be sprayed. Councilman Kovacs also noted that a lot of the rubbish blowing around is a result of the dumpsters being left open in the rear of the shopping center and that action should be taken so that activity ceases. It was also noted that there is garbage in Sherwood Park near the basketball court, which needs to be removed. There was further discussion with respect to the fact that the street lights which had been discussed at prior meetings located in LVIP III are still out. In that regard, the Township Manager advised that a new form has been submitted by PPL and that the lights have again been resubmitted. The Township Manager noted that she has been reassured that action will be taken in this regard.

2. Kevin Horvath P.E.

In the absence of the Township Engineer, Kevin Horvath of Keystone Consulting Engineers appeared before the Board and offered the following report.

1. With respect to the 2005 Road Program, Mr. Horvath noted that drawings have been resubmitted to PPL for the removal of the telephone poles. As soon as the plans are approved, the Township can proceed with the project. Councilman Atkinson noted that the Township should make sure that we are talking about removal and not just relocation. Councilwoman Hayden expressed her concern and feeling that Willowbrook Road repaving was a costly project, which she felt was not justified.

2. With respect to the Fuller swale, Council should be advised that they have staked out the regrading in the field and that the construction should take place in the near future.

3. With respect to U.S. Foodservice, Mr. Horvath advised that he would convey Mr. Kistler’s offer to take a noise study on his property to the Township Engineer.

4. With respect to the wetland study regarding the Canal, we have heard nothing further in that regard.

3. J. Jackson Eaton, III, Esquire
Township Attorney

The Township Attorney offered no report at this time.

At this point in the meeting, Councilman Atkinson raised an issue with respect to discussions that occurred at prior meetings as to what action the Township could take on nonowner occupied residential properties. Councilman Atkinson felt that the Township should direct the legal staff to look into that. He noted that Attorney Eaton had given the Board a copy of the City of Allentown Ordinance and that he had reviewed same to see what portions would be applicable. The core of what he felt was important would result in building inspector inspection for BOCA criteria if the lessee changes. Additionally, he felt language involving the change of owner/tenant requiring an inspection every three years for leased properties would also be important. Additionally, Councilman Atkinson noted that there is language stating that after a certain number of incidents at a particular property the landlord would be required to start eviction proceedings. There were also provisions in the ordinance for penalties applicable to the property owner.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officer's Report (Written)

7. Building Inspector's Report (Written)

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Fire Company Report, written Code Enforcement Officers’ Reports, and written Building Inspector’s Report and same were noted for the record.

With respect to the Maintenance Report, there were issues raised with respect to the alarm going off at Canal Park. The Township Manager advised that birds are getting in through the roof area and setting off the alarm. With respect to the Maintenance Report, there were also issues raised with respect to Pump Station 1. The Township Manager noted that she was of the opinion that the issue involving PPL has been resolved. With respect to notations regarding removing grease from the wetwell, the Township Manager advised the Board that she would check with Public Works regarding that problem. Mr. Horvath commented that Upper Saucon Township has an ordinance in place requiring yearly or bi-yearly inspections of grease traps. The Township Engineer will discuss this issue with the Public Works Director.

With respect to the Fire Company Report, it was noted that there were 15 calls and that automatic alarms are up. With respect to the Code Enforcement Officers’ Reports, it was noted that the Township’s Code Enforcement Officer, John Lemos, had attended the Crime Watch meeting in Chestnut Grove. It was also noted that in reviewing the reports there was an issue involving a handicap violation, which was handled by Mr. Yoder of the Code Enforcement Officer’s Department with tact and diplomacy.

7. Treasurer's Report (Written)

Motion: --- I move we accept the computer printouts dated June 14, 2005, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

Paulus, Hayden: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Unfinished Business: NONE

New Business: NONE

Payment of Bills:

Motion: --- I move Council authorize payment of Voucher Nos. 11152 (5/31/05 Prepaids), Voucher Nos. 11153-11193; Payroll dated 05/06/05, Payroll dated 5/30/05, Payroll dated 6/3/05; BC/BS (July), from the General Fund Account in the amount of $800,038.55; Voucher Nos. 1554-1559 from the Capital Reserve Account in the amount of $841.88; Voucher Nos. 1273-1277 (5/31/05 Prepaids, Voucher Nos. 1278-1288 (6/15/05 Prepaids), Voucher Nos. 1289-1291 from the Escrow Account in the amount of $2,070.00; Voucher Nos. 1541-1546 from the Water Account in the amount of $1,390.23; Voucher Nos. 2538-2550 from the Sewer Account in the amount of $10,671.15 for a Grand Total Expenditure of $815,011.81.

Paulus, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Courtesy of the Floor: NONE

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:35 P.M.

Paulus, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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